KP-0084

There is no relevant statutory provision authorizing the Emergency Services District #7, the East Montgomery County Improvement District, or the Economic Development Zone #4 to retroactively exclude from the May 2015 election territory, with a tax rate that when combined with the increased tax rate from the election, exceeds the two percent statutory cap on sales and use tax rates.|Emergency Services Districts are authorized to conduct a future election to, upon approval of its voters, abolish its sales and use tax or change the rate of a sales and use tax.|Texas Comptroller is without authority to selectively collect the sales tax approved in an election held under section 775.0751, Health and Safety Code, in only the territory in which the combined sales tax does not exceed the cap.